IRAC of Gareth & the Box: With Detailed Explanation in Outline Form This paper provides a narrative explanation of the mental and analytical steps needed in the Discussion/Analysis portion of an essay on the Judgment & Analytical Ability portion of the exam

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IRAC of Gareth & the Box: With Detailed Explanation in Outline Form

This paper provides a narrative explanation of the mental and analytical steps needed in the Discussion/Analysis portion of an essay on the Judgment & Analytical Ability portion of the exam. It is deliberately expanded for illustration purposes and is not the actual format you would use. Rather, this is intended to help you “think through” the process.

FACTS:

Gareth was wandering down an alley when came across a refrigerator box that had been turned on its side. Earlier that week, Gareth and a friend had been in this alley and had observed a person sleeping in this box. Gareth also had observed that the box contained a number of personal effects.

Gareth entered the refrigerator box to look inside and while in the box found some unopened beer that did not belong to him. Having decided to steal the beer, Gareth put the beer in his backpack, exited the box, and began to leave. Gareth was stopped by a police officer, who had been watching the whole time. If you use a fact in your discussion you must have first mentioned it in the “Fact” section. If you did not use a fact in the analysis, then only include that fact if it is needed to give the rest of the facts context or to make the fact section as a whole more readable.

ISSUE:

The issue presented is whether Gareth committed Burglary when he entered the box and removed the beer. Remember, you must state the issue and this fact pattern told you to analyze the Burglary charge.

DISCUSSION:

A person commits Burglary when they enter or remain unlawfully, in or upon a residential structure, with the intent to commit a theft or any felony therein. A person enters or remains unlawfully when they enter or remain on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged. A residential structure includes movable, temporary structures adapted for both human residence and lodging, whether occupied or not. A person commits Theft when, without lawful authority, they control the property of another with the intent to deprive that person of the property. What we’ve just done is provided all of the “rule” – the “R” in IRAC. For our purposes, and at this point in our learning, we provided all of the rule up front so that you know you have all of it. As we get more practice, we can take individual parts of this rule and do “mini-IRACs” for each element.

Here, Gareth entered the box and stayed in it for a short period of time. Therefore, he entered and remained. When Gareth entered, his intent was to “rummage around.” Gareth’s intent to “rummage around” and steal the beer was not licensed, authorized, or otherwise privileged. Therefore, Gareth entered and remained unlawfully. While Gareth remained in the box, he placed the beer in his backpack, thereby controlling it. He left the box with the intent to steal the beer, which did not belong to him. Therefore, Gareth committed theft and did so while in the box without lawful authority. The final question is whether the box qualifies as a “residential structure.” Consider the broad definition given to “residential structure” in the rules/statutes that accompanied the fact pattern. Given that definition a cardboard box can in fact be a “residential structure” because it had been adapted for residence & lodging, as evidenced by the belongings that were kept there and that someone was in fact sleeping there.

If you want to argue that his entry into the box, or his remaining there was authorized, you have to show facts that support it. The best argument would be that the box did not “belong” to anyone, that it had been abandoned. But this becomes a difficult if not impossible argument to make because on the exam, the only rules/laws you can consider are those given to you. So regardless of what you know about property rights, abandoned property, or anything else, you cannot bring that into the analysis because you have no law on the exam to support it. Even if we allow that the original entry was somhow lawful, once inside, Gareth decided to steal the beer, and that act is unlawful. Thus while in the box, Gareth is “remaining” in the box. Gareth’s intent in remaining is not licensed, authorized, or privileged. So at a minimum, he remained in the residential structure unlawfully.

The original function and purpose of the box was to ship a refrigerator. The box is moveable and temporary in nature. The box had been adapted to a shelter, a place to keep personal items, and a place to sleep for the homeless person. The homeless person did in fact sleep in the box. Therefore, the box is a residential structure.

Whether you agree with the idea of this being a “residential structure” is not the point of the exercise. The point I want you to take away, is that it is not the fact that this is just a “discarded box” that governs the question. You must dig into the definitions and look at whether we satisfy the definitions within the context of the exam and available material. If we go through the analysis and reach different, but reasonable conclusions, then that’s fine. But we cannot simply assert that something is so because we think it ought to be so.

Gareth entered the box with the intent to “rummage around”, which is not a theft or any other type of felony. However, while inside the box, Gareth decided to steal the beer. The beer is property and that property did not belong to Gareth. Therefore, the beer is the property of another. Gareth put the beer in his backpack and exited the box. By putting the beer in his backpack, Gareth controlled the property of another. Gareth intended to steal the beer, as demonstrated by his putting it in his backpack and attempting to leave. Therefore, Gareth intended to deprive the rightful owner of the beer of that property. Notice that the burglary statute says “enter or remain” with the intent. You do not have to form the intent before you enter. You can have perfectly lawful intentions before you enter. But if, while inside, you have the intent to commit a theft of felony, that is sufficient. When you are inside, you are “remaining.”

CONCLUSION:

Because Gareth entered and remained unlawfully upon the residential structure of the homeless person, and because he intended to commit a theft while remaining in that residential structure, Gareth can be charged with Burglary.

IRAC of Gareth & the Box: Just the IRAC

Issue: Whether Gareth committed Burglary when he entered the box and removed the beer.

Rule: A person commits Burglary when they enter or remain unlawfully, in or upon a residential structure, with the intent to commit a theft or any felony therein. A person enters or remains unlawfully when they enter or remain on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged. A residential structure includes movable, temporary structures adapted for both human residence and lodging, whether occupied or not. A person commits theft when, without lawful authority, they control the property of another with the intent to deprive that person of the property.

Application/Analysis: Gareth entered the box and stayed in it for a short period of time. Therefore, he entered and remained. When Gareth entered, his intent was to “rummage around.” While Gareth remained in the box, he decided to steal the beer. Gareth’s intent to “rummage around” and steal the beer was not licensed, authorized, or otherwise privileged. Therefore, Gareth entered and remained unlawfully.

The original function and purpose of the box was to ship a refrigerator. The box is moveable and temporary in nature. The box had been adapted to a shelter, a place to keep personal items, and a place to sleep for the homeless person. The homeless person did in fact sleep in the box. Therefore, the box is a residential structure.

Gareth entered the box with the intent to “rummage around”, which is not a theft or any other type of felony. However, while inside the box, Gareth decided to steal the beer. The beer is property and that property did not belong to Gareth. Therefore, the beer is the property of another. Gareth put the beer in his backpack and exited the box. By putting the beer in his backpack, Gareth controlled the property of another. Gareth intended to steal the beer, as demonstrated by his putting it in his backpack and attempting to leave. Therefore, Gareth intended to deprive the rightful owner of the beer of that property.

Conclusion: Because Gareth entered and remained unlawfully upon the residential structure of the homeless person, and because he intended to commit a theft while remaining in that residential structure, Gareth can be charged with Burglary.

IRAC Analysis of Gareth & the Box in Memo Form

TO: Supervising Attorney

From: Paralegal

Date: December 1, 2012

RE: Burglary Charges

FACTS

Gareth was wandering down an alley when came across a refrigerator box that had been turned on its side. Earlier that week, Gareth and a friend had been in this alley and had observed a person sleeping in this box. Gareth also had observed that the box contained a number of personal effects.

Gareth entered the refrigerator box to look inside and while in the box found some unopened beer that did not belong to him. Having decided to steal the beer, Gareth put the beer in his backpack, exited the box, and began to leave. Gareth was stopped by a police officer, who had been watching the whole time.

ISSUE

The issue presented is whether Gareth committed Burglary when he entered a box that did not belong to him and removed beer that did not belong to him.

DISCUSSION

In Arizona, a person commits Burglary when they enter or remain unlawfully, in or upon a residential structure, with the intent to commit a theft or any felony therein. Statute 13-1204. A person “enters or remains unlawfully” when they enter or remain on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged. Statute 13-101(F). A “residential structure” includes any structure, as defined above, that is movable, temporary and adapted for both human residence and lodging, whether occupied or not. Statute 13-101(N). A person commits Theft when, without lawful authority, they control the property of another with the intent to deprive that person of the property. Statute 13-1504.

Here, Gareth entered the box and stayed in it for a short period of time. Therefore, he entered and remained. When Gareth first entered, his intent was to “rummage around.” While Gareth remained in the box, he decided to remove the beer. Gareth’s intent to “rummage around” and steal the beer was not licensed, authorized, or otherwise privileged. Therefore, Gareth entered and remained unlawfully.

The original function and purpose of the box was to ship a refrigerator. The box had been adapted to a shelter, a place to keep personal items, and a place to sleep for the homeless person. The homeless person did in fact sleep in the box. Therefore, because the box had been adapted for a residence and lodging, the box is a residential structure.

Gareth entered this residential with the intent to “rummage around”, which is not a theft or any other type of felony. However, while inside the box, Gareth decided to steal the beer. The beer is property and that property did not belong to Gareth. Therefore, the beer is the property of another. Gareth put the beer in his backpack and exited the box. By putting the beer in his backpack, Gareth controlled the property of another. Furthermore, Gareth intended to steal the beer, as demonstrated by his putting it in his backpack and attempting to leave. Therefore, Gareth controlled the property of another with the intent to deprive that other person of that property, which constitutes Theft.

CONCLUSION

Because Gareth entered and remained unlawfully upon a residential structure, and because Gareth intended to commit a theft while remaining in that residential structure, Gareth can be charged with Burglary.